Arjun Mandradiar vs Regional Transport Officer, Kollukattu Medu, Karur Road, Lakkapuram Post, Erode-638002 and Assistant Licensing Authority, Regional Transport Office, Erode Kollukattu Medu, Karur Road, Lakkapuram Post, Erode-638002

Honourable Mr. Justice Vinod K. Sharma

The petitioner has approached this Court with a prayer for issuance of writ in the nature of certiorari to quash the order dated 31.10.2011 passed by the 2nd respondent in declining to register the vehicle of the petitioner namely Mahindra Bolero Camper as a non-transport light motor vehicle. The petitioner purchased Mahindra Bolero Camper bearing chassis number "MAIRU4GHKB3040204", and Engine Number "GHBID20052" on 11.08.2011, which stands temporarily registered as light motor vehicle The case of the petitioner is that when the petitioner approached the Regional Transport Officer, Erode with application applied in the prescribed form to register the vehicle as light motor vehicle being on-transport light motor vehicle. The request was declined, on that ground that there is no provision under the Central Motor Vehicle Act, 1988 to register the vehicle as a non-transport light vehicle.

The learned counsel for the petitioner challenged the impugned order, on the ground that the vehicle of the petitioner cannot be registered as a transport vehicle as it does not fall within the definition of Transport Vehicle, which means a public service vehicle, goods carriage, an educational institution bus or a private service vehicle.

The case of the petitioner is that he wants to use the vehicle for his personal use, therefore, it cannot be registered as a transport vehicle.

On consideration, I find that the impugned order cannot be sustained It is true that the respondents can not register the vehicle as a non-transport vehicle, as there is no such category stipulated under the Motor Vehicle Act, 1988m, but at the same time, the vehicle of the petitioner cannot be registered as a transport vehicle, as it will not fall within the definition of the transport vehicle.

The respondents, therefore, were required to register the petitioner''s vehicle as a light motor vehicle (i.e.) privately owned light motor vehicle, as it was done while granting temporary registration For the reasons stated, the impugned order is set aside and the case is remitted back to the respondents to consider the application of the petitioner for registering the vehicle as a light motor vehicle No costs. Consequently, the connected miscellaneous petitions are closed.